Virginia Code 18.2-374.1:1 Possession Child Pornography

Possession of child pornography is a very serious charge in Virginia. It is a felony in Virginia and it will result in you having to register on the sex offender registry for the rest of your life. If you have been charged with violating Virginia Code 18.2-374.1:1, do not compromise on the quality of the Virginia attorney you hire to defend you.

The SRIS Law Group Virginia attorneys who defend clients charged with possession of child pornography in Virginia or distribution of child pornography in Virginia are very experienced at defending clients charged with violating Virginia Code Section 18.2-374.1:1.

Contact us at 888-437-7747.

Some of our Virginia lawyers have been on national newspapers & TV for defending clients charged with sex crimes such as possession of child pornography.

A. Any person who knowingly possesses any sexually explicit visual material utilizing or having as a subject a person less than 18 years of age shall be guilty of a Class 6 felony. However, no prosecution for possession of material prohibited by this section shall lie where the prohibited material comes into the possession of the person charged from a law-enforcement officer or law-enforcement agency.

B. The provisions of this section shall not apply to any such material which is possessed for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial or other proper purpose by a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, clergyman, attorney, judge, or other person having a proper interest in the material.

C. All sexually explicit visual material which utilizes or has as a subject a person less than 18 years of age shall be subject to lawful seizure and forfeiture pursuant to § 19.2-386.31.

D. Any person convicted of a second or subsequent offense under this section shall be guilty of a Class 5 felony.

Child Pornography Prosecution – Virginia Lawyers

If you are concerned about a Child Pornography Prosecution in Virginia, contact our law firm immediately for help.

Child Pornography Prosecution – Attorneys In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Mills v. Commonwealth

Facts:

The jury of the Circuit Court of Harrisonburg, Virginia, indicted defendant on eight counts of possession of child pornography and four counts of production of sexually explicit items involving children. Prior to trial, defendant moved the court to quash the felony indictments. The trial court overruled the motion. Defendant appealed..

If you are facing a criminal case in Harrisonburg, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

U.S. Const. amend. V provides that no person shall be subject for the same offense to be twice put in jeopardy of life or limb. Accordingly, an accused may not be subjected to (1) a second prosecution for the same offense after acquittal; (2) a second prosecution for the same offense after conviction; and (3) multiple punishments for the same offense..

When considering multiple punishments for a single transaction, the controlling factor is legislative intent. The legislature determines the appropriate unit of prosecution and sets the penalty for separate violations. Therefore, although multiple offenses may be the same, an accused may be subjected to legislatively ‘authorized cumulative punishments. It is judicial punishment in excess of legislative intent which offends the double jeopardy clause.

Child Pornography Prosecution – Attorneys In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.